Fitness for purpose and PFI

Article Abstract:

A UK Court of Appeal judgment against a contractor supplying goods to a local authority has highlighted 'fitness for purpose' obligations in contracts negotiated under private finance initiative (PFI) schemes. ICL were not able to avoid liability on software which could not cope with changes in community charge legislation. Contractors tendering for the supply of services under PFI deals are advised to note the implications of legal practice, Sale of Goods Acts and the Unfair Contract Terms Act 1977. They should employ special terms of negotiation with legal representation on PFI deals.

Interpretation and construction, Public contracts, Government contracts

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Clarke's belated guidance

Article Abstract:

The Private Opportunity, Public Benefit - Progressing the Private Finance Initiative (PFI) handbook issued by the Government shortly after the Nov. 1995 budget, offers coherent and realistic information regarding the newly introduced schemes. While the Government recognises that PFI schemes are awarded on an individual basis, it covers European Union procurement rules, formal guidance on PFI accounting and indicates how the Treasury evaluation process works. Negative aspects include low compensation payments for supplier defaults.

United Kingdom, Political aspects, United Kingdom. Treasury

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PFI in public offices. (application of the private finance initiative)

Article Abstract:

Public sector offices must be delivered by the private finance initiative (PFI), however this is alien to the commercial property market, which relies on risk adverse funding institutions and requires universal acceptance of the Full Repairing and Insuring lease. The PFI requires the capital provider to take responsibility for life cycle management and the abandonement of FRI leases.

Finance, Office buildings

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